JIA AND LI V MINISTRY OF BUSINESS INNOVATION & EMPLOYMENT HC AK CIV 2012-404-005672

JIA AND LI V MINISTRY OF BUSINESS INNOVATION & EMPLOYMENT HC AK CIV 2012-404-005672

Plaintiffs failed to establish a real contest or reasonable prospect of success; immigration officers complied with s112 and followed policy, put bona fides concerns to applicants, provided written reasons, and no breach of right to legal advice was established because no request was made.

Citation
openlaw-4aa5f420_1519_462d_b241_1bbfb8fe6721.pdf
Parties
Plaintiff/applicant: Ermou Jia; Plaintiff/applicant: Xiaoguang Li; Defendant/respondent: Ministry of Business Innovation & Employment
Court
High Court
Jurisdiction
New Zealand
Judgment Date
20 September 2012
Procedural Posture
Immigration Judicial Review (entry Permission) / Urgent Interim Application to Prevent Turnaround (interim Hearing)
Outcome
Application for interim relief declined
Legal Topics
Temporary Entry Permission, Turnaround, Access to Legal Advice, Immigration Policy, Bona Fides of Applicants
Immigration Law Administrative Law Judicial Review Procedural Fairness Temporary Entry Permission Turnaround Access to Legal Advice Immigration Policy +1 more

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Parties

Ermou Jia

Plaintiff/applicant

Xiaoguang Li

Plaintiff/applicant

Ministry of Business Innovation & Employment

Defendant/respondent

Procedural Posture

Immigration Judicial Review (entry Permission) / Urgent Interim Application to Prevent Turnaround (interim Hearing)

Legal Issues

  1. 1 Whether plaintiffs were denied access to legal advice under NZBORA
  2. 2 Whether there was breach of Immigration Policy in declining entry
  3. 3 Whether irrelevant considerations were taken into account

Ratio Decidendi

Plaintiffs failed to establish a real contest or reasonable prospect of success; immigration officers complied with s112 and followed policy, put bona fides concerns to applicants, provided written reasons, and no breach of right to legal advice was established because no request was made.

Court Disposition

Application for interim relief declined

Orders

  • Interim application to prevent turnaround declined
  • No stay of removal granted